[Federal Register Volume 68, Number 239 (Friday, December 12, 2003)]
[Notices]
[Pages 69414-69417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30762]


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DEPARTMENT OF HOMELAND SECURITY

[DHS/ICE-CBP-CIS-001]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security (DHS).

ACTION: Notice of privacy act system of records.

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SUMMARY: This notice addresses the previously established ENFORCE/IDENT 
system, a portion of which is the U S. Visitor and Immigrant Status 
Indicator Technology (US-VISIT) program. This notice allows the 
ENFORCE/IDENT system to collect biometric and biographic data for US-

[[Page 69415]]

VISIT, in addition to the data collected for DHS national security, law 
enforcement and other mission-related functions. US-VISIT has created a 
new business process that integrates and enhances the capabilities of 
existing systems including the ENFORCE/IDENT system.

DATES: Written comments must be submitted on or before January 12, 
2004.

ADDRESSES: Please address your comments to the Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528. You must 
identify the Docket Number DHS/ICE-CBP-CIS-001 at the beginning of your 
comments, and you should submit two copies of the comments. You may 
also submit comments via e-mail at [email protected]. Please reference 
the Docket Number shown above in the subject line of the e-mail. If you 
wish to receive confirmation that DHS has received your comments, 
please include a self-addressed, stamped postcard with your request. 
DHS will make comments received available online at http://www.dhs.gov.

FOR FURTHER INFORMATION CONTACT: If you have any questions about this 
notice, please call Nuala O'Connor Kelly, Chief Privacy Officer, U.S. 
Department of Homeland Security, Washington, DC 20528, Phone: 202-282-
8000; Fax 202-772-5036.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the DHS is publishing this notice regarding an existing 
system of records known as Enforcement Operational Immigration Records 
(ENFORCE/IDENT). This notice allows ENFORCE/IDENT to collect biometric 
and biographic data in support of US-VISIT. The purpose of the amended 
system is to support US-VISIT to record information pertinent to the 
arrival and departure of immigrants and nonimmigrants to and from the 
United States, in addition to the data collected for DHS national 
security, law enforcement and other mission-related functions.
DHS/ICE-CBP-CIS-001-03

System Name:
    Enforcement Operational Immigration Records (ENFORCE/IDENT).

System Locations:
    Department of Homeland Security (DHS) field offices for the U.S. 
Immigration and Customs Enforcement (ICE), Bureau of Customs and Border 
Protection (CBP), and the U.S. Citizenship and Immigration Services 
(USCIS); Service Centers; Border Patrol Sectors (including all offices 
under their jurisdiction); Ports of Entry; Asylum offices and other 
offices as detailed in DHS-DS-999, last published in the Federal 
Register on October 17, 2002 (67 FR 64136) and on the Web page of each 
bureau (i.e., www.bice.immigration.gov, www.bcbp.gov, and 
www.uscis.immigration.gov); Office of National Risk Assessment (ONRA).

Categories of Individuals Covered By the System:
    Categories of individuals covered by this notice may include:
    A. Individuals or entities who relate in any manner to 
investigations, inspections, apprehensions, detentions, patrols, 
removals, examinations, naturalizations, intelligence production, legal 
proceedings or other operations that implement and enforce the 
Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) and 
related treaties, statutes, orders and regulations. Individuals who are 
respondents, representatives, or witnesses in administrative, civil 
penalty, or forfeiture proceedings, or defendants, representatives or 
witnesses in criminal prosecution or extradition proceedings.
    B. Individuals who are obligors or representatives of obligors of 
bonds posted.
    C. Individuals in distress who are located during search and rescue 
operations, and other immigration operations.
    D. Individuals wanted by other law enforcement agencies, including 
Federal, State, local, tribal, foreign and international or individuals 
who are the subject of inquiries, lookouts, or notices by another 
agency or a foreign government.
    E. Individuals who apply for immigration benefits.
    F. Non-U.S. citizens and Non-Lawful Permanent Residents who present 
themselves for entry into and/or exit from the United States including 
individuals subject to the requirements and processes of US-VISIT. 
Individuals covered under US-VISIT include those who are not U.S. 
citizens or Lawful Permanent Residents at the time of entry or exit or 
who are U.S. citizens or Lawful Permanent Residents who have not 
identified themselves as such at the time of entry or exit.
    G. Nationals of countries that threaten to wage war, or are or were 
at war with the United States, and individuals required to register as 
agents of foreign governments in the United States.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records may be paper, electronic and/or other record material 
(e.g., video or audio tapes) and includes biographical data, including 
but not limited to name, aliases, date of birth, phone numbers, 
addresses, nationality; personal descriptive data; biometric 
identifiers, including but not limited to fingerprints and photographs; 
any materials, information or data related to the subject individual's 
case, including but not limited to immigration history, alien 
registration and other identification or record numbers, criminal 
history, employment history, leads, witness statements, identity 
documents, evidence, seized property and contraband; investigative and 
operational reports, and intelligence summaries.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1103; 8 U.S.C. 1225(d)(3); 8 U.S.C. 1324(b)(3); 8 U.S.C. 
1357(a); and 8 U.S.C. 1360(b).

PURPOSE(S):
    This system of records is established and maintained to enable DHS 
to carry out its assigned national security, law enforcement, 
immigration control, and other mission-related functions and to provide 
associated management reporting, planning and analysis. Specifically, 
this system of records assists in identifying, investigating, 
apprehending, and/or removing aliens unlawfully entering or present in 
the United States; preventing the entry of inadmissible aliens into the 
United States; facilitating the legal entry of individuals into the 
United States; recording the departure of individuals leaving the 
United States; maintaining immigration control; preventing aliens from 
obtaining benefits to which they are not entitled; analyzing 
information gathered for the purpose of this and other DHS programs; or 
identifying, investigating, apprehending and prosecuting, or imposing 
sanctions, fines or civil penalties against individuals or entities who 
are in violation of the Immigration and Nationality Act (INA), or other 
governing orders, treaties or regulations and assisting other Federal 
agencies to protect national security and carry out other Federal 
missions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Relevant information contained in this system of records may be 
disclosed, within established confidentiality guidelines (e.g., asylum) 
as follows:
    A. To the appropriate agency/organization/task force, regardless of 
whether it is Federal, State, local, foreign, or tribal, charged with 
the

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enforcement (e.g., investigation and prosecution) of a law (criminal or 
civil), regulation, or treaty, of any record contained in this system 
of records which indicates either on its face, or in conjunction with 
other information, a violation or potential violation of that law, 
regulation, or treaty.
    B. To other Federal, State, tribal, and local government law 
enforcement and regulatory agencies and foreign governments, and 
individuals and organizations during the course of an investigation or 
the processing of a matter, or during a proceeding within the purview 
of the immigration and nationality laws, to elicit information required 
by DHS to carry out its functions and statutory mandates.
    C. To an appropriate Federal, State, local, tribal, international 
government agency in response to its request, in connection with the 
hiring or retention by such an agency of an employee, the issuance of a 
security clearance, the reporting of an investigation of such an 
employee, the letting a contract, or the issuance of a license, grant, 
loan, or other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision in the matter.
    D. To an actual or potential party or to his or her attorney for 
the purpose of negotiation or discussion on such matters as settlement 
of the case or matter, or discovery proceedings.
    E. To a Federal, State, tribal or local government agency to assist 
such agencies in collecting the repayment or recovery of loans, 
benefits, grants, fines, bonds, civil penalties, judgments or other 
debts owed to them or to the United States Government, and/or to obtain 
information that may assist DHS in collecting debts owed to the United 
States government.
    F. To the news media and the public when there exists a legitimate 
public interest in the disclosure of the information or when disclosure 
is necessary to preserve confidence in the integrity of the Department 
or is necessary to demonstrate the accountability of the Department's 
officers, employees, or individuals covered by the system, except to 
the extent it is determined that release of the specific information in 
the context of a particular case would constitute an unwarranted 
invasion of personal privacy.
    G. To a Member of Congress, or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of 
and at the request of the individual who is the subject of the record.
    H. To the General Services Administration (GSA) and National 
Archives and Records Administration (NARA) in records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
    I. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    J. To a former employee of the Department for purposes of: 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information can be stored in case file folders, cabinets, safes, or 
a variety of electronic or computer databases and storage media.

RETRIEVABILITY:
    Records may be retrieved by name; identification numbers (including 
but not limited to alien number, fingerprint identification number, 
etc.); case related data and/or combination of other personal 
identifiers such as date of birth, nationality, etc.

SAFEGUARDS:
    The system is protected through multi-layer security mechanisms. 
The protective strategies are physical, technical, administrative and 
environmental in nature and provide access control to sensitive data, 
physical access control to DHS facilities, confidentiality of 
communications, authentication of sending parties, and personnel 
screening to ensure that all personnel with access to data are screened 
through background investigations commensurate with the level of access 
required to perform their duties.

RETENTION AND DISPOSAL:
    The following proposal for retention and disposal is pending 
approval with NARA:
    Records that are stored in an individual's file will be purged 
according to the retention and disposition guidelines that relate to 
the individuals file (DHS/ICE/BCIS-001A). Electronic records for which 
the statute of limitations has expired for all criminal violations and 
that are older than 75 years will be purged. Fingerprint cards, created 
for the purpose of entering records in the database, will be destroyed 
after data entry. The I-877, and copies of supporting documentation, 
which are created for the purpose of special alien registration back-up 
procedures, will be destroyed after data entry. Work Measurement 
Reports and Statistical Reports will be maintained within the 
guidelines set forth in NCI-95-78-5/2 and NCI-85-78-1/2 respectively. 
Finally, user manuals are retained for the life of the system or until 
changes are made to the system, which ever comes first, and then 
destroyed.

SYSTEM MANAGER AND ADDRESS:
    Program Manager, ENFORCE/IDENT Program Management Office, 1616 
North Fort Myer Drive, Arlington, VA 22209.

NOTIFICATION PROCEDURE:
    Inquiries should be addressed to the FOIA/PA officer at the office 
where the record is maintained or to the Chief, Information Disclosure 
Mission Support, Office of Investigations at 425 I Street, NW, 
Washington, DC 20536.

Comment to Department's Privacy Office Procedure:
    Comments to the Department's Privacy Office should include the 
notice number as the subject line of email or letter and be addressed 
to [email protected] or Privacy Office, DHS, Washington, DC 20528.

RECORD ACCESS PROCEDURE:
    The major part of this system is exempted from this requirement 
pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). To the extent that this 
system of records is not subject to exemption, it is subject to access. 
A determination as to the granting or denial of access shall be made at 
the time a request is received. Requests for access to records in this 
system must be in writing, and should be addressed to the System 
Manager noted above or to the appropriate FOIA/PA Officer. Such request 
may be submitted either by mail or in person. The envelope and letter 
shall be clearly marked ``Privacy Access Request.'' To identify a 
record, the record subject should provide his or her full name, date 
and place of birth; if appropriate, the date and place of entry into or

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departure from the United States; verification of identity (in 
accordance with 8 CFR 103.21(b) and/or pursuant to 28 U.S.C. 1746, make 
a dated statement under penalty of perjury as a substitute for 
notarization), and any other identifying information that may be of 
assistance in locating the record. He or she shall also provide a 
return address for transmitting the records to be released.

CONTESTING RECORD PROCEDURES:
    The major part of this system is exempted from this requirement 
pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). To the extent that this 
system of records is not subject to exemption, it is subject to access 
and contest. A determination as to the granting or denial of a request 
shall be made at the time a request is received. An individual desiring 
to request amendment of records maintained in this system should direct 
his or her request to the System Manager of the appropriate office that 
maintains the record or (if unknown) to the appropriate FOIA/PA Officer 
at each bureau. The request should state clearly what information is 
being contested, the reasons for contesting it, and the proposed 
amendment to the information.

RECORD SOURCE CATEGORIES:
    Basic information contained in this system is supplied by 
individuals covered by this system, and other Federal, state, local, 
tribal, or foreign governments; private citizens, public and private 
organizations.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The Secretary of Homeland Security has exempted this system from 
subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and 
(H), (e)(5) and (8), and (g) of the Privacy Act pursuant to 5 U.S.C. 
552a (j)(2). In addition, the Secretary of Homeland Security has 
exempted portions of this system from subsections (c)(3), (d), (e)(1), 
(e)(4)(G) and (H) of the Privacy Act pursuant to 5 U.S.C. 552a (k)(2). 
These exemptions apply only to the extent that records in the system 
are subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).

    Dated: December 8, 2003.
Nuala O'Connor Kelly,
Chief Privacy Officer.
[FR Doc. 03-30762 Filed 12-9-03; 12:02 pm]
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